| Matter of Greece Park Realty, LLC v Town of Greece |
| 2006 NY Slip Op 00905 [26 AD3d 902] |
| Decided on February 3, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, J.P., KEHOE, MARTOCHE, SMITH, AND PINE, JJ.
1576 CA 05-01221
[*1]MATTER OF GREECE PARK REALTY, LLC, PETITIONER-APPELLANT, ORDER
v
TOWN OF GREECE, TOWN OF GREECE TOWN BOARD, TOWN OF GREECE ZONING BOARD OF APPEALS, ABC, LLC, CHINA BUFFET OF GREECE, INC., AND PETER SUN, RESPONDENTS-RESPONDENTS. (APPEAL NO. 2.)
Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Andrew V. Siracuse, J.), entered November 18, 2004 in a proceeding pursuant to CPLR article 78. The judgment dismissed the amended petition.
KNAUF SHAW LLP, ROCHESTER (ALAN J. KNAUF OF COUNSEL), FOR PETITIONER-APPELLANT.
SCHIANO LAW OFFICE, P.C., ROCHESTER (CHRISTOPHER SCHIANO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS TOWN OF GREECE, TOWN OF GREECE TOWN BOARD AND TOWN OF GREECE ZONING BOARD OF APPEALS.
FIX SPINDELMAN BROVITZ & GOLDMAN, P.C., FAIRPORT (NORMAN M. SPINDELMAN OF COUNSEL), FOR RESPONDENT-RESPONDENT ABC, LLC.
SILVER & FELDMAN, ROCHESTER (SAMMY FELDMAN OF COUNSEL), FOR RESPONDENTS-RESPONDENTS CHINA BUFFET OF GREECE, INC. AND PETER SUN.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 1, 20, and 27, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 3, 2006
JoAnn M. Wahl
Clerk of the Court